Zionsville Town Council

Zionsville Town Council February 20, 2024 ZIONSVILLE TOWN COUNCIL MEETING MINUTES FOR FEBRUARY 20, 2024 AT 7:30 A.M. EST ONSITE MEETING 1100 West Oak Street This meeting was conducted onsite. All Councilors participated in person. Council Members Present: Jason Plunkett, President; Brad Burk, Vice-President; Craig Melton, Evan Norris, Sarah Esterline Sampson, and Joe Stein Absent: Tim McElderry Also Present: Adam Steuerwald, Town Council Attorney; Mayor John Stehr; Deputy Mayor Kate Swanson; James VanGorder, Fire Chief; Lance Lantz, Director of Department of Public Works; Mike Dale, Director of Planning and Building; Corrie Sharp, Economic Development Coordinator, Redevelopment Commission Director; Cindy Poore, Director of Finance & Records; Amy Lacy, Municipal Relations Coordinator; and other Town Department Staff OPENING A. Call meeting to order B. Pledge of Allegiance Plunkett Good morning. I will now call to order the Tuesday, February 20, 2024 regular Town Council meeting. If you would please, stand and join me with the Pledge of Allegiance. All Pledge of Allegiance. APPROVAL OF THE MEMORANDUM OF THE FEBRUARY 5, 2023 REGULAR MEETING Plunkett All right, up first on the agenda is the approval of the February 5, 2024 Town Council meeting memoranda. A copy has been posted. Are there any questions from Councilors? Otherwise, I would entertain a motion. Page 1 of 22 Zionsville Town Council February 20, 2024 Burk Move to adopt. Plunkett We’ve got a first from Vice President Burk. Sampson Second. Plunkett And a second from Councilor Sampson. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. APPROVAL OF FEBRUARY 20, 2024 CLAIMS Plunkett Up next is the approval of the February 20, 2024 claims. I do have a couple of claims that I’d like to pull out until we get additional information. I noticed that we’ve got four claims for Nooning & Whitsitt, one involves employment matters, one’s an ordinance project, one’s road impact fees and Erin Corporation for $10,830. I’d like to pull those until we can see what the employment matters were. This is, as you guys recall, the previous Administration’s attorney. I don’t know if they’re still working on stuff but I’d like to see the invoices before we pay those if that’s all right. Anything else from other Councilors? Sampson I also had the Whitsitt & Nooning fees marked but also I was looking at the self- contained breathing apparatus. I think this is more just kind of a question about, I think you told me they came in early? Right? VanGorder Thank you Councilor. Yes ma’am. The self-contained breathing apparatus SCBA’s are the air packs that fire fighters wear. Last year we placed an order through a government cooperative purchasing program to get the best pricing. We were anticipating 10-to-12-month delivery time on those products, it actually came in within two months so we have them. The current air packs that our fire fighters are wearing expire at the end of the year. They’re out of their useful life so we needed to make sure we had them this year so the good news is they came in. I do appreciate your attention to the claims registry. There is a rather large and it actually appears in three different places on your claims. It was about $789,000. That is an encumbrance from 2023 equipment fund, ARPA funds that were designated specifically for that purpose and then funds out of this year’s equipment fund to be able to pay the total $789,000 claim for the Scott SCBA’s. Sampson Okay that basically answered my question because it was, I knew they came in early. Did we have it already earmarked to pay this year and I guess the third part being I saw they were divided into the three areas – is that for the three stations that you did that or how did that work? VanGorder No, just the budget availability where the funds were. Sampson Okay. That helps me. Thank you. Page 2 of 22 Zionsville Town Council February 20, 2024 VanGorder Yep. Sampson And then just like a random question – in the Parks Department, I believe, there’s a Chrysler now and what are we doing with the car now? Are we getting a car for our Parks Department? Thanks Cindy. Poore That was paid through ARPA funds so it came through Town Council. It was one of the items that was put in the ARPA plan and in the ARPA budget. It’s for their Nature Center. Sampson For the Nature Center? Poore Yes. Sampson Okay, great. Thank you. Stein Cindy, while you’re there – I had one question. Just, I’m trying to get my arms around the materiality threshold as it’s – Poore Yes— Stein Obviously, a town, not a business but, you know – the Adobe licensing I noticed was about $30,000. Is that typical on an annual basis? Poore Well, honestly, that would be a Joe Rust question. Stein Oh, okay. Plunkett We’re getting a thumbs up back there from Joe. Poore And he’s shaking his head yes. Stein That’s about right? I didn’t, yes, I didn’t see it last year so I didn’t know if that was – okay. Poore Yes. Stein That’s all. Sampson That’s all Plunkett Are there any other questions from Councilors? I will make a motion to approve claims with the exception of the four Nooning & Whitsitt claims for Department 999 totaling $10,830. Norris Second. Plunkett I got a second from Councilor Norris. All those in favor signify by saying aye. All Aye. Page 3 of 22 Zionsville Town Council February 20, 2024 Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. REQUEST TO SPEAK Plunkett Up next is a Request to Speak. Amy, do we have any requests to speak on agenda item? Lacy No, we do not. Plunkett We need to get you a microphone down there. Man. Can somebody make a note to get Amy a microphone? MAYOR/ADMINISTRATION UPDATE Plunkett Up next is the Administration Update. Mayor Stehr, good morning. Stehr Good morning Council. It’s nice to see everybody here on this chilly morning. Before I begin the Administration report, I just want to take a brief moment to recognize the great work of our Streets Department this weekend. If you recall, we went to bed on Friday night, got nice and warm under the covers and it kept snowing and snowing and I don’t know about you but I got up early Saturday morning and it was like a miracle how easy it was to get around. So, I think they always do such a great job and we may tend to take them for granted but I wanted our street crews to be recognized for their hard work over the weekend. Also, Jon Oberlander is in place now as our new general counsel. He started last week and you probably notice the department heads look a lot more relaxed and they’re actually smiling at this time of day so we’re happy for that. I think Jon’s certainly a part of that. He is making rounds in the Administration and he will also sit down with Heather and the folks at Barnes, Adam and Chris to kind of hand off some of the things she’s been working on and I’ve also asked Alexa to get all of you on his schedule at some point too just for an introduction. She will reach out and, of course, you can reach out to her at any time. All right, now into the Administration report. Under our priorities for 2024 under Finance – the reconciliation of 2023 needs to be completed by the end of this week by statute and our annual financial report is to be uploaded to Gateway by March 1st. We are on track to get this done. That will put us in the position to provide you an annual financial report and the public at your first meeting in March, specifically, March 4th at 7 p.m. You can go ahead and write that down. That’s our deliverable on that and after that is completed, we’ll work on reconciling the first quarter of 2024. That, of course, ends on March 31st so we’ll plan to have a financial report ready for you on April 9th at your meeting. That’s also 7 p.m. and that will be the first quarter report. Also, our consultants from Crowe are actively working on a 5-year financial plan. They are now putting together information from all the departments to accomplish that. We expect that process to be completed on June 10th. The Finance Committee will vet it on June Page 4 of 22 Zionsville Town Council February 20, 2024 14th and we will come and present it to you and the public on June 17th. The timing of our 5-year financial plan is to be consistent with the 2025 budget process so we’ll have that in place before we begin the budget process in 2025. The Comprehensive Plan – the RFQ proposals were due on Friday, February 16th. Mike Dale has put together a committee to review them and the next step will be to narrow down the applicants. Now, we are asking for a couple of Council members to take part in that, in that process of narrowing down. We will have a short list by March 1st of three consultants and a joint public session to the Plan Commission and Town Council, we’ll hear from those top three finalists and hopefully come to a decision on March 16th. Now that is a Saturday from noon to 4, but we would like everybody to come both on the Plan Commission and on the Council and that will be a public meeting. It’ll be put online and the public will be invited to attend that as well. In the South Village, the Planning Department and RDC are working on a draft of the new land use code for the mix of uses in the South Village. The PUD will seek to define the borders of the South Village area accentuate the vibe of the Brick Street Village District, also to establish design parameters and outline the land use standards. We’re also having conversations with elected leaders, business owners, property owners and Village residents to get feedback on the general concept of South Village. Our engineers are under contract and a kickoff meeting was held to initiate the civil transportation and utility engineering of the realignment of Zionsville Road. We appreciate the contributions from Councilors Sampson and Norris in that process. Also under Digitization – I mentioned at our last meeting that we’re now cashless in Town Hall. The next step is to be able to accept payments through our website. Now currently we can only do that with wastewater payments but we will use that as a template to begin taking payments for other things as well and once we have that payment protocol in place, we’ll be able to digitize our permitting and inspections, so we are making progress one step at a time on that. All right now under Updates – we want to change the name of one of our departments. This comes from Mike Dale. He is currently our Community & Economic Development Director, would like to change his department to the Planning & Building Department. Now, he and I both believe that a department of town government should be named for what it actually does. The history here is that there was a trend a few years ago in municipal government to create departments of Community & Economic Development that brought planning and economic development under one banner but in practice that’s not what our department does and, again, I think it should be named for what it does because it eliminates confusion for our constituents. So, we’re going to change the name to Department of Planning and Building. This is completely budget neutral requiring nothing more than administrative changes like the Town letterhead template and also the name on the door which is printed out for pennies as well so that, I wanted to let you know that was happening. Also, we’re searching for a new Communications Coordinator. We’ve been searching for about a month now. We’re still seeking candidates and it’s been difficult to attract the people with the experience level that we think we need. Page 5 of 22 Zionsville Town Council February 20, 2024 One of the reasons for that may be the Salary Ordinance and the salary that we can offer which is also one of the reasons we lost our previous communications person. So, I just want to say I think that proper communication is really vital to what we’re doing here in town government. I think it’s important to keep our constituents informed about what’s going on around Town. It is literally one of the most important things we do. I think in any walk of life but certainly in a municipal government. So, I will keep you informed as the process continues. That discussion may include consideration of amending the Salary Ordinance to make the job more attractive to the type of candidates that have a more appropriate level of experience but at this point, we still have a few folks to go through and so we’ll see if we have that discussion in the coming, the coming months. Plunkett Umm – Stehr Yes sir? Plunkett Real quick – I just maybe as a point of emphasis for this Council, I do think it’s important for everybody up here to know when he mentions potentially a change in the Salary Ordinance, there was a change to that salary position, not by the Council but by the previous Administration. Stehr I understand. Plunkett It was lowered. Stehr Yes. Plunkett Arbitrarily by the previous Administration over the last three years. So when he comes and says we likely need to increase or make a change to that salary, it is quite possible that just to bring that position up to standard, it’s likely that we would see that. Stehr Thank you for mentioning that. Plunkett Yes. Stehr I appreciate that President Plunkett. Also, the new Pathways Committee appointments. At the last Council meeting you approved an ordinance to create the new Pathways Committee. You decided to include seven members, one Councilor, three Council appointments and three mayoral appointments. In addition to Councilor Melton, I saw that you’ve appointed Mark McDonald, Brad Gressel, and Emily Makinson. Great choices, by the way. My appointments include Kim Storen, Bethany Narkiewicz and Jody Miller who I also think are, are going to be great on this committee along with Alec Fair, a staff advisor, I really look forward to the important contributions this committee is going to make to our Town. There are a couple of other things on your agenda today. One is the agency which has operated out of that historic building on Michigan Road at Holliday Farms. It Page 6 of 22 Zionsville Town Council February 20, 2024 is asking the Town to vacate an easement through the property. Our Planning & Building Director, Mike Dale, will speak about that when it comes up in the agenda and we also have three appropriation resolutions before you this morning, one deals with READI 1.0 money, the bridge matching fund and one having to do with ARPA. Our DPW Director, Lance Lantz, will discuss those as well when we get to that part of the agenda. And one more item in closing, the golf course RFP closes on February 23rd, that’s this Friday. Now, we did host a walkthrough at the course last week. We had five interested parties on hand for that and we expect anywhere from 3 to 5 proposals from operators. Again, we are in the investigative process here and it is possible that none of them will make an offer that we can live with. I just want that to be clear. We will be sure to keep you updated on that process as well. We are now less than a month away from the new season from the target date of the new season. So, so that’s becoming increasingly important. So that is it for the Administration Update unless anyone has any questions. Plunkett Any questions for the Mayor? All right – Stehr Okay, thank you very much. Plunkett Thank you. TOWN COUNCIL UPDATE Plunkett Up next would be Town Council Update. Are there any updates from Councilors? Stein I guess I would just, seeing all the fire fighters in the room, I know this may come under other matters but I thought it appropriate while they’re all here – about a week or so ago I got the pleasure of attending the Chamber awards and thought it appropriate, while he’s in the room, to recognize the Emergency Provider of the Year, Joshua Hart, is present with us and one for the entire county. So I thought that was worthy of recognition. Plunkett Nice. Stein Frost, sorry. I didn’t have my glasses on. I’ll put them on now. There. Apologies. Plunkett All right, any other updates from Councilors? SPECIAL PRESENTATION – Swearing in of Firefighter Jonathan Rollins Plunkett At this point we have a special presentation, swearing in of Firefighter Jonathan Rollins, and Chief VanGorder and Mayor Stehr. This is always, for the record, this is always one of my favorite things you guys do when you come to Council and have the swearing ins in front of us. I think it’s super cool and it means a lot to us so thank you very much. Page 7 of 22 Zionsville Town Council February 20, 2024 VanGorder Thank you Mr. President and members of the Council for this opportunity. At this time, I would like to ask Jonathan Rollins, his mother, Donna and father, Matt, to please come forward in front and center and you can face the audience. I’m excited to have them here this morning. Jonathan began his journey with the Zionsville Fire Department on February 27, 2023 by participating in the Northside Fire Academy class 23-02 where he completed his emergency medical technician training. Unfortunately, Jonathan suffered from a medical condition that required immediate surgery and, thus, he was unable to complete the remainder of the academy. Jonathan continued his employment with the Fire Department after his surgery on restricted duty in the office until he was able to make a full recovery. Jonathan was then assigned to the Noblesville Fire Department 2023 Recruit Academy to finish his training; we’d like to thank members of the Recruit Academy staff from Noblesville for making the journey over this morning and being in our audience, where he successfully completed his fire fighter portion in December of this past year. At this time, I’ll ask Mayor Stehr to administer the oath of office. Stehr You’ve already raised your right hand. I just want to say for the record too that this is in municipal government our number one priority is public safety and it’s great to see a young man wanting to come forward and risk his life for the safety, for the good of the Town for the people in Town so thank you very much for what you’re about to do and he’s raising his right hand. Sampson He’s ready. Stehr That’s the kind of guy we like. I– Rollins I– Stehr Jonathan Rollins – Rollins Jonathan Rollins – Stehr Do solemnly swear – Rollins Do solemnly swear – Stehr That I will support the Constitution of the United States of America – Rollins That I will support the Constitution of the United States of America – Stehr The Constitution of the State of Indiana – Rollins The Constitution of the State of Indiana – Stehr The Ordinances of the Town of Zionsville, Indiana – Rollins The Ordinances of the Town of Zionsville, Indiana – Page 8 of 22 Zionsville Town Council February 20, 2024 Stehr I will faithfully – Rollins I will faithfully – Stehr Honestly – Rollins Honestly – Stehr And impartially – Rollins And impartially – Stehr Discharge all of my official duties – Rollins Discharge all of my official duties – Stehr In the position of Firefighter – Rollins In the position of Firefighter – Stehr For the Town of Zionsville – Rollins For the Town of Zionsville – Stehr Regardless of the – Rollins Oh sorry – Stehr Regardless of the race – Rollins Regardless of the race – Stehr Creed – Rollins Creed – Stehr Color – Rollins Color – Stehr Religion – Rollins Religion – Stehr Sex – Rollins Sex – Stehr Or National Origin – Rollins Or National Origin – Page 9 of 22 Zionsville Town Council February 20, 2024 Stehr Of the persons I serve – Rollins Of the persons I serve – Stehr So help me God. Rollins So help me God. Stehr Congratulations. VanGorder If we could have one more moment – I would like Deputy Chief Frost to make a couple of presentations. Frost You have to stay there for a second Jonathan. The Administrative staff a few years ago started a tradition that we feel is important to point out and recognize how much we value each of the hires that we have and this opportunity to swear you in. We have a couple gifts for you. Chief VanGorder has a medal for you that bears an image of St. Florian, the patron saint of firefighters and regardless of your religious affiliation, we hope that you’ll wear this medal and every time you feel it against your chest realize that there are people that are counting on you to do your job. It’s your family, your coworkers, the public, visitors to our community and we want you to consciously remember and think about the importance of what it is that you’re doing on a daily basis. So please wear this, this Maltese cross with St. Florian on it as a constant reminder that we need you, the public needs you to perform your duties to the best of your abilities day in and day out. We also hope that you’ll accept this celebratory bottle. It has on it the Zionsville patch and it is, also has on there the day that you completed the fire portion of the Fire Academy plus 20 years. We hope that this is going to be a bottle that you’ll be able to celebrate with your coworkers and your former shift mates the day you retire that you can celebrate and tell your story. Every day you’re here, I think I shared with you, you’re writing your legacy and what you see your story is going to be for your career. In 20 years we hope that you’ll open this bottle with those close to you and tell those stories and revisit the moments that made up a long, fruitful career here at Zionsville. Plunkett All right, if, I was going to say if you guys want to head out of here you can – don’t feel like you need to stick around. We can wait a minute while you clear out. OLD BUSINESS Plunkett Up next on the agenda is Old Business. We have no Old Business items so moving on to New Business. Page 10 of 22 Zionsville Town Council February 20, 2024 NEW BUSINESS Consideration of an Ordinance Vacating Portions of Public Rights-of-Way (Holliday Farms) Ordinance 2024-06 (Public Hearing) Plunkett The first item is a Consideration of an Ordinance Vacating Portions of Public Right-of-Way. This is in Holliday Farms, Ordinance 2024-06 and we have Mike Dale, Director of Planning & Building available. Dale Good morning everybody. Mike Dale, Director of Planning & Building Departments. Today the, within Sections 7 and 9 of the Holliday Farms subdivision there is a platted trails easement. The owner developer would like to relocate that easement out, from between Lots 7 and 9 or Sections 7 and 9 between Lots R and S to a new location north of combining of those two lots. So the statute requires the legislative body to approve the vacation of an easement because the state considers the vacating of easements the same process as vacating a public right-of-way. So that’s in front of you tonight or today, this morning, again, just vacating an existing easement, platted easement and that will be relocated as part of a subsequent subdivision plat. Plunkett Mike, where does the Planning Department fall in this? Are you guys supportive of this? Dale Yes, we’re fine with it. Yes. They’ll be coming back with, again, a new plat to relocate that easement. Plunkett Sure. Norris Mr. President, may I ask a few questions? Plunkett Yes. Norris Mike, thanks for this. Do you know like as you sit here right now what’s the master plan for how this trail is going to connect across Michigan Road? Dale I don’t have that information with me right now. I’d be happy to get back with you on, on that yes. Norris Okay. My only fear is the more we extend it north – Dale Yes – Norris I understand that Henke Development owns the lot across the street as well Sentry, but I was trying to figure out what the master plan is for how this is going to connect at the end of it because the farther we push it north we’re running out of space between the private property and the end of the Holliday Farms subdivision. That was just kind of my – Dale Okay – Page 11 of 22 Zionsville Town Council February 20, 2024 Norris Question as to, to where this is all going to fit into the grand scheme of how this, this, I guess, expected trail is going to connect – Dale Yes – Norris You know, up because it’s becoming a big hot button issue over around Michigan Road so. Dale Yes, and that’s a great question. Let me get back to you on that. Norris Okay. Dale Okay. Plunkett Any other questions for Mr. Dale? Norris And, I guess, following up on that, if I may? In your experience – I guess would, would vacating the current easement would this somehow disrupt or cause any issues with that eventual master plan of the connection? I mean – Dale Yes – Norris Do we need to wait to see what the master plan is before, before we vacate this portion of the trail easement or? Dale Yes – I don’t think you do. It’s not a significant shift – Norris Okay – Dale In the proposed location of that trail. Norris Okay. Dale So I think we’re safe and, again, this project – the relocated easement will be reviewed as part of the subdivision platting for a subsequent section – Norris Okay. Dale Of this development. Sampson Is that where it would, if it went in front of the plat would that make it better for future, instead of behind on the west side? Dale I’m sorry? Sampson Is that what you’re thinking? Norris Yes, well, I guess the trail, the trail, the proposed new trail – Dale Should go to the north – Page 12 of 22 Zionsville Town Council February 20, 2024 Norris Will go to the north of the old farmhouse – Dale Yes – Norris And I’m just trying to figure out like in my head where’s the, is there, is there a signalized intersection going to go in? Is that the best place to put the trail connection and are, are we doing this – you know, are we putting the cart before the horse I guess is my question. Sampson Well if you, if you, if you put the path on the south and east side then it could still connect anywhere along Michigan Road. Right now isn’t it on the west side instead of the east side of the? Dale West side. Sampson So if, if it’s on the west side and a building goes up then you do have to go as far north but if it were on the east side – Dale Yes – Sampson Do you, do you see what I’m saying? Norris Yes – Sampson If the path, the new right-of-way was on the east side – Dale East side – so the new, the new right-of-way or the new trail easement will just be located north. It’s not shifting from the east to the west, just going north of two existing lots. Sampson No, I understand that. Dale Yes, oh, okay. Sampson I’m saying if it at, if its path of going north was on the east side of the – Dale Oh, I see, okay – Sampson Versus the west side – Dale Right – Sampson Then you still have access to Michigan Road at any point in time along that lot. Is that, would that be more preferable, Evan, to what you’re thinking? Norris I – that’s the part I don’t understand because without seeing the whole, the master plan and where this thing is actually going to cross – Dale Yes – Page 13 of 22 Zionsville Town Council February 20, 2024 Norris Across Michigan Road eventually, I guess I can't really – I just want to make sure that we’re not doing something that’s going to – Sampson Force us in too far north? Norris Yes or, or preclude us from other options later down the road. That’s, I guess – Dale Okay. Norris That’s what I was wondering. Dale Okay, well if, if you like, we could delay this action if you want more information on the, on the trail plan. Plunkett I mean I think, for what it’s worth, from my perspective, I think the trail has been something that’s been talked about for about six years now, ever since this first came up and there’s been modifications and there’s been changes to it. I think from where I am, I think we’re looking at – I don’t, I don’t see this vacation of this easement and moving the easement as a deal breaker for the trail or not for the trail. Norris Right. Plunkett I think it’s, I think if we compartmentalize this what we’re asking to, what we’re being asked to do right now is consider vacating a public right-of-way. Whether we do this or whether we don’t has no impact on, on the completion that trail. Norris Right, eventually it’s going to happen, right? Plunkett Yes. Norris Because they’re, they’re going to, they’re bringing those lots together anyway so I was just kind of – Plunkett And I would imagine that, to your point, eventually it is going to happen. I would imagine that even just delaying this would probably – Norris Hinder the process. Plunkett Move that a little bit further down. Sampson And we can always move it to the east side after, if that’s how it needs to be connected midway of that plot so I think we’re just getting rid of the middle – Norris Yes – Sampson Of the plot. Norris I just wanted to make sure we didn’t box ourselves into something. Plunkett Yes – Page 14 of 22 Zionsville Town Council February 20, 2024 Burk It’s a great point and, Jason, I agree with you – I actually like that the trail, if you remember, the old trail the way it was designed was going to kind of run through the parking lot – Plunkett Yes – Burk As you can see on, on the map on the second rendition which I didn’t know how practical or safe that was. It never made sense to me to try to run a trail through the parking lot of the commercial district so I like that they’re wrapping it around – Norris Yes – Burk So, honestly, I was kinda happy to see that but now that we know or there’s been much more conversation in the last year of, I think there’s going to be some kind of overpass or, there, there may or may not ever be a connection to the other, to the east side but if there were it does matter now where that other property that we’ve now since zoned those in and I can’t, I can't tell on the map where the, where the lot sits exactly across the street and so it may, it may be justified or not that now we’re north and now the only way to connect backed out is to come back down on another trail on the east side of Michigan Road so that you can cross over and I just don’t know where that is on, on the map and it may not even be, be decided but there’s been certainly a lot of conversation that the best place to cross Michigan Road may, in fact, be where they’re intending to potentially put in a traffic signal which would maybe go in, into the proposed Sentry product. So, I do think it matters if you go up then there’s no connectivity that comes out at that point and I’m picturing in my mind where this is but it does feel like the home is – Norris It is north. Burk Is further north than where the Sentry product – Norris Yes – Burk Proposal is going to be. Plunkett So, I – Burk That, that’s my only concern Jason. Plunkett Yes, I get that. I also think we’re trying to solve developer problems at this point, right? I mean, again, we’re being asked to consider what’s in front of us, which is just simply a vacation of a public right-of way. That’s all we’re being asked to do. We’re not asked to connect to sidewalk, we’re not asked to figure out the best place to cross 421. So I think it’s, I realize a lot of times we want to think about how this ultimately impacts a lot of stuff in our district. I don’t know that this is something that would, this is not a deal breaker, I think, for the sidewalk and pathway. Page 15 of 22 Zionsville Town Council February 20, 2024 Stein No. Plunkett So for me personally. And I also think staff is supportive. That’s a big thing that I lean on – Norris Right – Plunkett When we go to these types of decisions is how the department head and the Town views this and their support certainly is, weighs prettily heavily with me. Thanks Mike. Dale You’re welcome and not only our department but Department of Public Works will all be looking at this, this process of where they locate the trail. Burk Yes. Sampson No I think it’s great that you bring up the point of view of a resident who would be in that area and knowing the concerns but I agree with Jason. We’re, we’re basically just approving it. Norris Yes, we’re just, again, they’re just trying to combine the lots and we just need to get rid of the easement. I understand. I just want to make sure that we’re seeing the big picture here as well so. Dale Okay. Norris I appreciate that Mike. Thank you. Dale Thank you. Plunkett I will point out this is a public hearing. I have proof of publication of the public hearing. At this point I will open the public hearing if there’s any members of the public who would like to speak. Seeing none, I will close the public hearing. Are there any other questions for Mr. Dale? I would make a motion to – this says approve. This is not an introduction, this is an approval correct, Amy? Lacy Correct. Plunkett Yes, I would make a motion to approve Ordinance 2024-06. Stein Second. Plunkett Second from Councilor Stein. Adam, did I miss something down there? Steuerwald This has been through Plan Commission? Plunkett I believe it has, correct. Yes. Dale I’m sorry? Steuerwald This ordinance was approved by the Plan Commission or recommended? Page 16 of 22 Zionsville Town Council February 20, 2024 Dale (Inaudible off microphone) Steuerwald Okay, well it has to come through the Plan Commission – Plunkett Can you, Roger, would you mind – I’m sorry, Mike. I said Roger. Dale I’m sorry – your question? Steuerwald Whether it’s been approved by the Plan Commission or not? Dale No. Steuerwald I think it’ll be one you’ll – Dale This, there will be a subsequent action by the Plan Commission on vacating this easement as, as part of a replat of these two lots. So yes, it is forthcoming. Steuerwald Okay. Plunkett But, but what we’re trying to figure out is do we have to pass it, do we have to hear it twice or can we do it once because it went through and we don’t have everybody here so we can’t suspend the rules. Dale Just the once. Plunkett So, you say just the once. You think we have to hear it twice? Steuerwald I think you have to hear it twice – because it hasn’t come – Plunkett Because it did not come from the Plan Commission. Steuerwald It’s an ordinance – Plunkett Right. Steuerwald Right? Plunkett If it was a resolution it’s different and if it was an ordinance it came through the Plan Commission then we could approve it on first reading. Steuerwald Right. Plunkett But we can’t do that because it did not come through the Plan Commission? Steuerwald Correct. Burk So you, you’ll need to introduce it. Page 17 of 22 Zionsville Town Council February 20, 2024 Plunkett Yes, so I’ll introduce it on first reading. I’ll make a motion, I will withdraw my previous motion and make a motion to introduce Ordinance 2024-06 on first reading. Stein And I’ll second that. Plunkett A second from Councilor Stein. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. Dale And we’ll be back then. Thank you. Plunkett Thank you. Dale Okay. Consideration of a Resolution Regarding the Appropriation of Additional Funds ( Local Road-Bridge Matching Grant Fund, ARPA Fund) Resolution 2024-07 (Public Hearing) Plunkett Up next is a Consideration of a Resolution Regarding the Appropriation of Additional Funds. This is the Local Road-Bridge Matching Grant Fund and ARPA Fund, Resolution 2024-07. We have DPW Director, Lance Lantz, with us this morning. Good morning Lance. Lantz Good morning. As the Mayor said, there were three additional appropriations advertised, however, the one pertaining to the READI grant, I believe, Cindy and the Finance Department wants to make some corrections to some fund numbering that she noticed was incorrect so we’re only going to be speaking about the two before you in the resolution. The first is a Local Road and Bridge Matching Grant Fund. This is a fund that exists solely to house the Community Crossing grants that we receive pretty much every year, fortunately. This grant, though, once we close projects out if the grant is under budget which these two projects were, we have to return this money to the state. So we will be invoiced for that amount from the State of Indiana and we have to return those grant funds because we did not expend them. The other is the ARPA fund and as you may or may not recall or heard or witnessed, there was a lot of back and forth with the ARPA funds towards the end of the last Council’s tenure and when the actual appropriations were distributed by Cindy’s office, I noticed that there was a discrepancy from the ARPA Plan that was adopted by the Town Council. I have a signed, annotated copy here. In Section 5 it lists investments and surface transportation infrastructure projects and it gets very specific about the pathway investments that ARPA was intended to fund and you can see under Section 5 there was a Page 18 of 22 Zionsville Town Council February 20, 2024 listed cost of $2,084,560, however, when the appropriations came out, the amount shown appropriated was $1,934,560. So there’s $150,000 that was omitted from the ARPA Plan into the Budget Ordinance and the intent of this $150,000 which was kind of put in at, at the last minute to bolster up the design efforts of the pathway along Oak Street and that’s where these funds will go. Happy to answer any questions you may have. Sampson How are we to know if that was omitted on purpose? Lantz I don’t know. Sampson Do any of you know if Josh took that $150,000 out? Lantz Well it’s in the ARPA – Plunkett It was in there – Lantz Plan. Plunkett No what Lance is saying – it was in the plan but they didn’t disseminate enough money. Sampson So that, it was approved – Lantz It was in the approved ARPA funding plan – Sampson Okay. Lantz And then there were a lot of numbers and a lot of columns that – Sampson Right – Lantz It fell to Heather Harris and Crowe to get into the budget and somehow that $150,000 did not make it into the actual budget which was the second approved action by the Council. Sampson Okay. I mean it’s just – I think we had numbers fall off a budget before with the Parks Department so is there like a step in our – this is not your question, I guess – Cindy, is there a step in reconciliation of the budget that how, like just how does it happen? I’m, I’m fine with seeing that we had approved it but how do the numbers change? Plunkett Well I think, I mean I say, I’m not going to speak for Cindy but I will say that’s part of the reason we had Baker Tilly come in to reconcile accounts and audit everything for the last year or so and I would, I would agree that there were things that were omitted from the budget in the past and things that were omitted for different things that we struggled with and, ultimately, I think to Mayor Stehr’s presentation this morning, I mean, the 2023 accounts should be reconciled within the next month or so and we’ll have everything wrapped up and, but I don’t, I’m not discounting your concerns for sure because we were there. Page 19 of 22 Zionsville Town Council February 20, 2024 Poore I will say that there’s going to be a lot of changes in the budget process this year but with that happening at the very last second of the year, I think it was just a matter of an omission of when Barnes & Thornburg put the final amended non- DLGF budget together so. Sampson So was it a specific project that just didn’t make the last list or was it literally (inaudible) those numbers or? Poore No, it was just, it was nothing more than it just didn’t get carried over from the plan. Sampson Okay. Poore Yes. It wasn’t anything that was, you know, no, we’re not going to do it. It was approved in the plan, it just didn’t get carried over into the amended budget. Melton It’s not possible that this was the monies that we gave away for the COVID stipend to the Police and Fire? Poore No. Melton So that was already accounted for? Poore Yes that, yes. That was completely different funds. Plunkett All right, this also is a public hearing and I have proof of publication of the public notice of the public hearing. At this point I’ll open the public hearing if there’s any members of the public who would like to comment. Seeing none, I will close the public hearing. Are there any additional questions for Mr. Lantz? Sampson No, but thank you. Plunkett Having none, I will make a motion to approve Resolution 2024-07. Norris Second. Plunkett Second from Councilor Norris. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. Thank you Lance. Lantz Thank you. Page 20 of 22 Zionsville Town Council February 20, 2024 Appointment of Pathways Committee Members Plunkett Up next is Appointment of Pathways Committee Members. Councilors, as Mayor Stehr pointed out in the beginning of the meeting, we did last time expand both appointments for the Mayor and for Council and we have again looked to people who were on the committees before who expressed interest in, in remaining on it so we have Craig Melton will be the Town Council ex-officio, Brad Gressel, Emily Makinson and Mark McDonald, assuming this Council approves that. Those would be our four appointments to the Pathways Committee. Are there any questions, comments, concerns, criticisms? Anything? Stein I move to approve the appointments as presented. Sampson Second. Plunkett I got a first from Council Stein and a second by Councilor Sampson. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. OTHER MATTERS Plunkett Up next is Other Matters. Are there any other matters from Councilors? Sampson Um, I just had one question, maybe one comment for Mayor Stehr. I just wanted to let you know I had some people ask if there was any possibility of a public input session on the golf course RFP? There’s just been some – yes, I guess if you want to come up, I don’t know. I just had some constituents asking questions about if they had a chance to give you input. I’ve received some emails. I don’t really know if you want me to forward them to. I know we’ve had some conversations about this. This is more for the public to know that – Stehr Yes – Sampson I’m talking with you about it and getting the information. Stehr I don’t anticipate a public input session on this. I think this is an administrative matter and, again, I will make the point that we are investigating the best way to manage the golf course going forward. In the end, we may just keep things the way they are or go a different direction but I don’t anticipate having a public input session at this time. Sampson Okay, I just wanted to acknowledge that you and I have been talking about it – Stehr I know – Page 21 of 22 Zionsville Town Council February 20, 2024 Sampson And I know that there’s enough people that would like to know that those conversations happened. Stehr I’ve been, I’ve been hearing from people about that too. Our golf course is well loved and well cared for and I understand that. Sampson All right, thank you. Stehr Sure. ADJOURN Plunkett Any other matters from Councilors? I will make a motion to adjourn. Burk Second. Plunkett Second from Vice President Burk. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 6 in favor, 0 opposed. The next regular Town Council meeting is scheduled for Monday, March 4, 2024 at 7 p.m. in the Zionsville Town Hall Council Chambers. Final notice will be posted in compliance with the Indiana Open Door Law. Thank you. Respectfully submitted, Amelia Anne Lacy, Municipal Relations Coordinator Town of Zionsville Page 22 of 22